UPDATED: Video of fatal shooting surfaces

Redding police investigate a fatal shooting Feb. 15 at Hartnell Avenue and Churn Creek Road where a driver said he shot and killed a bicyclist in self-defense.(Photo: Nathan Solis/Record Searchlight)Buy Photo

A surveillance video of the Feb. 15 fatal shooting in the middle of Hartnell Avenue appears to corroborate statements made by the driver that he shot the man who pulled up next to him on a bicycle in self-defense, Redding police say.

But Cindy Mahler, the mother of shooting victim's adult son, strongly disputes that. Mahler provided copies of the video, which had also been posted on Facebook, to the Record Searchlight on Tuesday.

"I don't buy it," she said.

Neither does Michelle Parks of Holt, Missouri, whose husband is a cousin of the shooting victim.

Redding police investigator Michael DiMatteo said Tuesday the investigation is continuing and police have yet to submit a recommendation to the Shasta County District Attorney's Office on whether the shooting was justified or if criminal charges should be filed against the shooter, 27-year-old Michael Lake. Lake's attorney has called it a clear case of self-defense.

The video, taken from a surveillance camera at a 76/Circle K, shows 45-year-old John Scott Souza, also known as John "Jocko" Larry Parks, coming up to the driver's side of a 1994 Geo Tracker stopped at a red light at the intersection of Hartnell Avenue and Churn Creek Road.

Second later, a gunshot flash from the car is visible from the vehicle and Souza/Parks can be seen staggering away and falling to the ground behind the Tracker.

DiMatteo, who said he's seen video of the deadly episode showing three separate angles, says police have yet to find a witness who actually saw the shooting, although there are some who heard it and saw what transpired afterward.

"I want this guy behind bars," she said. "He took the life of my son's dad."

The video, shot from a distance in low light, shows Souza/Parks walking his bicycle in the westbound median and in the roadway of Hartnell toward the Churn Creek intersection.

Mahler says Souza/Parks is shown talking on his cell phone after leaving the Circle K convenience store and pushing his bicycle out into Hartnell. Mahler believes the video shows Lake's vehicle nearly hitting Souza/Parks, although investigator DiMatteo said Lake claims to have been trying to turn into the station when Souza/Parks got in his way.

The video shows Souza/Parks then approached the driver, who was stopped at the intersection.

"That is how he was," she said. "If you did something you know that was wrong he was going to call you on it."

But, she said, Souza/Parks was not aggressive she doesn't believe he hit Lake's driver-side window as claimed by Lake and his defense attorney.

Seconds later, a brief flash can be seen coming from the SUV.

As the investigation continues, DiMatteo said police are still contacting witnesses and others, but could not say when the probe will be finished and sent to the DA's office for review. He said he's also waiting for the final coroner's report.

"I'd love to get it (the report and recommendation) to them as soon as possible," he said.

So far, he said, police have not been able to establish whether Souza/Parks and Lake might have known each other or had any bad history.

"There's nothing to indicate they knew each other," DiMatteo said.

Mahler said she does not know, either.

Last week, Redding attorney John Kucera, who represents Lake, said his client was justified in his actions.

He said his client was stopped at the intersection when the bicyclist came up to the driver's side of his car, yelled obscenities at him and then hit the rolled up window with his fist. But the window did not break.

Kucera said Lake did not try to immediately drive away because the old car had a mechanical problem.

He also said Lake told him Souza/Parks appeared to be ready to hit the window again and then took his left hand to reach into his jacket pocket as if reaching for a gun.

Lake, who obtained a concealed carry weapon permit about seven months ago, quickly retrieved a handgun from the vehicle's console and fired a single shot through the window, shattering it and hitting Souza/Parks.

"That was it," Kucera said. "It was that fast. It was only a matter of seconds."

Mahler, who said she met Souza/Parks when she was 18, said he was "the most charming guy I ever met."

She said he had an outgoing and friendly nature.

"He loved life, his friends, and his friends loved him," Mahler said.

Although Michelle Parks said she never met her husband's cousin, she said in an email and telephone conversation with the Record Searchlight that she's watched the video and has spoken with investigators about the case.

And she does not believe the shooting was justified based on the video and on what she's read and heard.

She said Parks she does think Parks banged on the driver's side window, but it does not appear he reached into his jacket pocket.

Nor does she believe he was acting violently.

"I think Lake overreacted and shot Jocko when he had the ability to flee without harm to anyone," she said in an email to the Record Searchlight.

A celebration of Souza/Park's life is planned for March 11 at the Castle Lounge and is open to his friends.

Mahler said he was cremated and his ashes are being taken to Oklahoma where his mother is buried.